Sch.
PATENTS ACT (as amended)
(6) Where an application for a patent, not being a Convention application, is accompanied by a specification
purporting to be a complete specification, the Registrar may,
if the applicant so requests at any time before the expiration
of the period specified in subsection (2) and before the
acceptance of the specification, direct that it shall be treated
for the purposes of this Act as a provisional specification
and proceed with the application accordingly.
(7) Where a complete specification has been lodged in
pursuance of an application for a patent accompanied by a
provisional specification or by a specification treated by
virtue of a direction under subsection (6) as a provisional
specification, the Registrar may, if the applicant so requests
at any time before the acceptance of the complete specification, cancel the provisional specification and post-date the
application to the date of lodging of the complete specification.
9
Contents of specification
(1) A specification shall—
(a) indicate whether it is a provisional or a complete
specification; and
(b) commence with a title clearly indicating the subject to
which the relevant invention relates; and
(c) contain an abstract of not more than two hundred
words and drawings, if any3.
(2) A provisional specification shall fairly describe the
invention.
(3) A complete specification shall—
(a) fully describe the invention and the manner in which
it is to be performed; and
(b) disclose the best method of performing the invention
known to the applicant at the time when the specification is lodged at the Patent Office; and
(c) end with a claim or claims defining the subject-matter
for which protection is claimed.
(4) The claim or claims of a complete specification
shall—
(a) relate to a single invention; and
(b) be clear and succinct; and
(c) be fairly based on the matter disclosed in the specification.
(5) A specification may, and if so required by the Registrar shall, be accompanied by drawings and such drawings
shall be deemed to be part of the specification:
Provided that if drawings which accompanied a provisional specification are sufficient for the purpose of a
complete specification, it shall suffice if that complete
specification refers to such drawings.
(6) Subject to subsections (1) to (5), a complete specification lodged at the Patent Office after a provisional
specification or with a Convention application may include
claims in respect of developments of or additions to the
invention which was described in the provisional specification or, as the case may be, in respect of which application
for protection was made in a Convention country, being
developments of or additions in respect of which the
applicant would be entitled to make a separate application
for a patent:
Provided that an application shall, in so far as the complete specification contains claims in respect of any such
developments or additions, be deemed to have been made on
the date on which the complete specification was lodged at
the Patent Office.
(7) Where a complete specification claims a new substance, the claims shall be construed as not extending to that
substance when found in nature.
10 Effective date of claims of complete
specification
(1) A claim of a complete specification shall have effect
from the date provided in this section in relation to that
claim and a patent shall not be invalidated by reason only of
the publication or use of the invention, so far as claimed in
any claim of the complete specification, on or after the
effective date of that claim or by the grant of another patent
upon a specification claiming the same invention in a claim
of the same or a later effective date.
(2) Where the complete specification is lodged in pursuance of a single application preceded by a provisional
specification or by a specification which is treated by virtue
of a direction under subsection (6) of section eight as a
provisional specification, and the claim is fairly based on the
matter disclosed in that specification, the effective date of
that claim shall be the effective date of the application.
(3) Where the complete specification is lodged or proceeded with in pursuance of two or more applications
accompanied by such specifications as are mentioned in
subsection (2), and the claim is fairly based on the matter
disclosed in one of those specifications, the effective date of
that claim shall be the effective date of the application
accompanied by that specification.
(4) Where the complete specification is lodged in pursuance of a Convention application, and the claim is fairly
based on the matter disclosed in the application for protection in a Convention country or, if the Convention application is founded upon more than one such application for
protection, in one of those applications, the effective date of
that claim shall be the effective date of the relevant application for protection.
(5) Where, under subsections (1) to (4), any claim of a
complete specification would, but for this subsection, have
two or more effective dates, the effective date of that claim
shall be the earlier or earliest of those dates.
(6) In any case to which subsection (2), (3), (4) or (5)
does not apply, the effective date of a claim shall be the date
of lodging of the complete specification in Zimbabwe.
11 Examination of applications and specifications
(1) An application for a patent, including any specification and other document accompanying such application or
subsequently lodged within such time as may be prescribed
at the Patent Office in pursuance of such application, shall
be examined by an examiner for the purpose of ascertaining—
(a) whether the application, specification and accompanying documents comply with the requirements of
this Act, including whether any of the grounds of opposition specified in subsection (1) of section seventeen are applicable; and
(b) in the case of a complete specification lodged after a
provisional specification or of a Convention application, whether the matter claimed is substantially the
same as that disclosed in the provisional specification
or in the application lodged in the Convention country, as the case may be.
(2) An examination or investigation required by this Act
shall not be deemed to warrant the validity of any patent and
no liability shall be incurred by the State, the Minister, the
Registrar or any examiner or other officer of the Patent
Office by reason of or in connection with any such examina-